• Revision of interim maintenance

Sir,
Addl Chief Judicial Magistrate has granted an Interim Maintenance Order of rs 7000/-per month to be paid to my wife within 20th of every succeeding calendar month.During Interim maintenance case hearing i had presented my salary slip to the court of net income of rs 38000/-. We were fighting on the ground of denying maintenance as stated in sec 125 (4), since my wife left home at her own will and we had ample sms conversation,to prove the same.
The Magistrate listened carefully & also petitioner's advocate never objected to any of the points however in Order as per norms he has written that everything is subject to trial. The Magistrate has given the Order for commencement of payment frm "Date of Order".

Now I want to know 1) What is the timelimit to file appeal for revision in session court.
2) How can i collect certificate u/s 65B so that the sms i have are accepted as evidence at the appeal & also what proof i can submit to prove the mentioned prepaid telephone no: belongs to my wife. Also the amount is high since I am staying in rent & have dependant father (72yrs).
3)Any other suggestion is always welcome.
I just dont want to file the appeal but want to prepare well & have legal points if at all i am filing an appeal. To add my wife is not working but she is post-graduate & we dont have any issue.
I am not happy with the answers of my advocate (Senior adv.) & seems he only wants to move in that direction where he can earn more. It seems he doesnt want to put up the fight strongly nor wants to get the matter settled mutually.

To Note:- Another case 406 has been dismissed by court due to non-appearance of my wife side after getting the stridhan articles. Another case of 307 & 498 where both me & my father had been framed, we had got AB. Chargesheet had just been filed & we are yet to pick-up copies in next date.

4) I have heard that we can request court to put our case for fast-track settlement through family court.How to go about the same.My advocate is silent on the same.
Asked 4 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

u cn file revision against ACJM order within 90 days. For sec 65 B u need not to go anywhere u urself cn file certificate 65b nd explained in that its true printed copy nd nothing chng during preparing it,ur counsel ll mk it .

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

it is fact that the contentions you are trying to lead is a matter of trial and would be adjudicated only at the time of final hearing/evidence stage of maintenance case before the magistrate court, and not in appeal. you have 90 days from the date of passing of order to file appeal/modification or alteration of interim allowance. you also need to establish that the interim allowance is inadequate for you depending on your income and liabilities. if you feel that there are any chance of amicable settlement or you wish to settle the dispute amicably and your conducting advocate is unable provide you such relief, you can any time change your learned conducting advocate and your advocate would act as per your instruction depending on the possible legal remedy. feel free to contact me for further assistance.

Rajdeep Majumder
Advocate, Kolkata
29 Answers
1 Consultation

4.0 on 5.0

Revision can be filed in 90 days

2) since your net income is 38k per month maintenance order of Rs 7k is reasonable

3) court has considered fact that you have dependent father and staying on rent before awarding maintenance

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Please file a mandamus petition in the High Court and get the direction for early settlement are fast track settlement in a specified period by the family Court.

Adv. Vimlesh Mishra

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Immediately you should file revision, get hold of the certified copy and change your lawyer if he is silently acting for your wife and his lawyer

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) You can file in 90 days a revision petition before session court and also pray for stay on interim maintenance till the revision is decided.

2) the evidence submitted by you in court are already being exhibited by the MM court so you have to attaché certified copy of order along with application wife application and your reply along with the other exhibits and evidences filed before MM court with your revision.

3) there are judgements from Supreme court and high court wherein if a well educated wife seating at home and not working then it's not prerogative of husband to give maintenace to her. Also explain your financial condition and seek modification on order of MM court that it's difficult for you to survive and your wife is capable of earning.

4) File a writ before high court and seek direction for early disposal of case as it is delayed for no reason.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You can get your case on fast track in family court and in family court you may get some relief.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Revision period is 90 days. Appeal period is 30 days. Certificate us 65 b can be issued by person who maintains the said computer or mobile or other electronic devices. Fast track application should be filed before appellate court if the same is granted then it will be speedy.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

My answers are as follows:

1) What is the timelimit to file appeal for revision in session court.

Ans: 30 to 60 days to prefer revision, if there is any late then it may be condoned on production of medical certificate or any other valid ground.

2) How can i collect certificate u/s 65B so that the sms i have are accepted as evidence at the appeal & also what proof i can submit to prove the mentioned prepaid telephone no: belongs to my wife. Also the amount is high since I am staying in rent & have dependant father (72yrs).

Ans: You have to file an affidavit along with an application under section 65B of Evidence Act stating that you have complained to said provision and request the Court to accept the documents as secondary evidence or primary evidence.

3)Any other suggestion is always welcome.

I just dont want to file the appeal but want to prepare well & have legal points if at all i am filing an appeal. To add my wife is not working but she is post-graduate & we dont have any issue.

I am not happy with the answers of my advocate (Senior adv.) & seems he only wants to move in that direction where he can earn more. It seems he doesnt want to put up the fight strongly nor wants to get the matter settled mutually.

Ans: If you don’t want to move Higher Court then you are liable to pay interim maintenance till disposal of case. Since your wife is highly qualified and not ready to work for the reason to give trouble to you and in order to get interim maintenance. You may move another application after sometime in the same Court for modification of such interim maintenance stating that there are some other grounds to be stated or circumstances are changed. As per recent Supreme Court judgment husband is liable to pay 25% of his net salary (including your savings).

4) I have heard that we can request court to put our case for fast-track settlement through family court.How to go about the same.My advocate is silent on the same.

Ans: You may approach High Court and seek relief of time bound disposal of your case and normally it will fix 6 to 12 months within which your case to be disposed. For more details please contact me immediately through Kaanoon Website.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. You will have to give an affidavit under 65B alongwith the evidences which are in the nature of messages.

2. If the facts have not been considered by the court while deciding the maintenance then you may go ahead and file an appeal within 90 days, also take the ground that the wife has the capacity to earn and therefore does not have any right to claim maintenance.

3. With regards to the fast track settlement you will have to move an application for the same before the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. It is 30 days.

2. You go through the contents of the referred section and comply with the procedures as stated therein or take the help of your lawyer to prepare this.

3. If you dont trust your advocate anymore you may change the lawyer because if you try to implement the ideas you have got it here, you have to depend on your own advocate who may reject your ideas and plans to face the trial in the court.

4. This case cannot be put to fast track court because it is triable in the lower court itself.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

HI, you are suggested not to fast-track on criminal cases.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer